Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...Herbe1't, 3 Term Rep. 262, is not a distinct authority upon this point, inasmuch as in that case the right of towing was claimed. But the general question as to the right of the public on the 1-pa of a navigable river was discussed, and the court appear to have been of opinion that the ripa of a navigable river was not publici jm-is, and they therefore virtually oven'uled the authority of BnAc'roN." ' _ Mr. WASHBURN, in his work on Easements, states the law on this subject thus: "In regard to the right to land upon other points, upon the banks of a navigable stream, than those which have, in some way, become public landings, the law would seem to confine it to cases of necessity, where, in the proper exercise of the right of passage upon the stream of water, it became unavoidable that one should make use of the bank for landing upon, or fastening his craft to, in the prosecution of his passage." Washburn on Eas. and Serv. 9, p. 403. The Supreme Court of the United States, in Dutton v. Strong, 1 Black 23, recognized the right of a riparian owner to erect, for private use, a pier extending into a lake, which served the purpose both of a landing place for freight and for its stowage. The Ohio river is a great highway between states under national sanction, yet we suppose that it would not be in conflict with the authority of the general government for this state, within her territorial limits, to provide for and Juegu-late by law public landing places along its shore for the I benefit of trade and commerce, and, for this purpose, to exercise the right of eminent domain. The right to the use of the river as a highway for passage is distinct from the right to land for the purpose of receiving and discharging freight...show more